Victorian Current Acts Victorian Current Acts(1) An individual who has been served an unlawful association notice must not associate with an individual specified in that notice (the "specified individual")—
(a) on 3 or more occasions in a 3 month period; or
(b) on 6 or more occasions in a 12 month period.
Penalty: Imprisonment for 3 years or 360 penalty units or both.
(2) An offence against subsection (1) is an indictable offence.
(3) Subsection (1) does not apply if the individual served an unlawful association notice associates with the specified individual on an occasion as set out in that subsection and—
(a) those individuals are family members; and
(b) those individuals associate for a purpose that is not an ulterior purpose.
(4) Subsection (1) does not apply if the individual served an unlawful association notice associates with the specified individual on an occasion as set out in that subsection in any of the following ways and that association is not for an ulterior purpose—
(a) in the course of lawful employment or the lawful operation of a business;
(b) in the course of participating in education or vocational training;
(c) while either or both of them are being provided a health service;
(d) while either or both of them are being provided legal advice;
(e) while in lawful custody or in the course of complying with an order, requirement or direction imposed by—
(i) a court; or
(ii) the Adult Parole Board; or
S. 124A
(4)(e)(iia) inserted by No. 57/2017 s. 46(2).
(iia) the Post Sentence Authority; or
(iii) the Secretary to the Department of Justice and Regulation;
(f) for genuine political purposes, or in lawful protest or industrial action;
Note
See also section 11.
(g) in accordance with a lawful association authority granted to the individual;
(h) at a gazetted event or gathering.
(5) In this section—
"ulterior purpose" means—
(a) the purpose to avoid the application of subsection (1); or
(b) the purpose of planning, inciting or committing an offence; or
(c) the purpose of expanding an organised criminal group or criminal network.
S. 124B inserted by No. 48/2015 s. 5.